What is considered CDV in South Carolina?

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What is considered CDV in South Carolina?

According to South Carolina law, Criminal Domestic Violence can occur between two people who either:

  • Currently live together
  • Have lived together before
  • Are currently married
  • Used to be married
  • Have a child together

Also, the accused (defendant) has:

  • Caused physical harm to the victim or
  • Threatened to cause immediate physical harm to the victim
  • Intimidated the victim in such a way that a reasonable person in the victim’s shoes would fear physical harm.

What are the classifications and charges of CDV in South Carolina?

If you or someone you know has been arrested for CDV in the state of South Carolina,  it is vital to understand the charge’s classification, which vary from misdemeanor for 1st and 2nd offenses and felony for three or more offenses. This classification is determined by whether this is the accused’s first, second or third CDV conviction within the last 10 years. Potential jail time and fines increase accordingly.

First offense: Misdemeanor

  • Up to 30 days in jail
  • Fines of up to $1,000, excluding court costs

Second offense: Misdemeanor

  • Mandatory minimum of 30 days but no more than one year in jail
  • Fines from $2,500 to $5,000, excluding court costs

Third offense: Felony

If you or someone you know has been charged with CDV in South Carolina you may need to seek the help of a legal professional. At JRS Law Firm, our CDV lawyer in Lexington SC can assist you with your legal needs regarding Criminal Domestic Violence in South Carolina.

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